Can my landlord increase the additional costs retroactively?
November 15, 2022 | 45,00 EUR | answered by Günther Schulz
Dear attorney specializing in tenancy law,
I am writing to you with a question regarding my current rental apartment. My name is Bernd Hohenberg and I am a tenant in a multi-family house. Since the beginning of my tenancy, I have been paying monthly utilities to my landlord, which have always been within the range of the utility bill.
I recently received a notification from my landlord that the utilities for the upcoming year are going to be increased. This increase would pose a financial burden for me, as my monthly budget is already very tight. I am concerned whether my landlord is even entitled to retroactively increase the utilities and whether this is legally permissible.
Over the past years, I have always made sure to fulfill my obligations as a tenant and to pay my rent and utility advances on time. Therefore, I am worried that my landlord may be acting unfairly and that this may violate my rights as a tenant.
My question to you is: Can my landlord increase the utilities retroactively and how can I legally protect myself against this? Are there any ways to prevent or at least review the increase in utilities? I would greatly appreciate your professional assessment and possible recommendations in this matter.
Thank you in advance for your assistance.
Sincerely,
Bernd Hohenberg
Dear Mr. Hohenberg,
Thank you for your inquiry regarding the planned increase in ancillary costs by your landlord. It is understandable that you are concerned, as this could represent an additional financial burden for you. I would be happy to assist you in this matter and inform you about your rights as a tenant.
In principle, the landlord is allowed to increase ancillary costs retroactively. However, he must comply with certain conditions. First of all, the increase in ancillary costs must be agreed upon in the rental agreement or in the operating cost statement. If no such agreement has been made, the landlord cannot simply increase the ancillary costs unilaterally.
Furthermore, the landlord must inform the tenants in a timely manner about the planned increase. Usually, the deadline for this is three months before the start of the billing period. In addition, the landlord must provide a justification for the increase in ancillary costs and explain it in a comprehensible manner. Only actually incurred costs that are listed in the operating cost statement may be passed on.
If you have doubts about the legality of the planned increase in ancillary costs, I recommend that you carefully review the operating cost statement. Check if the cost items were correctly listed and calculated. If discrepancies arise, you can first have a conversation with your landlord and ask for an explanation.
If you still have concerns or if the landlord is not willing to consider your arguments, I suggest seeking legal advice. A lawyer specializing in tenancy law can assist you in enforcing your rights as a tenant and, if necessary, take legal action to review or prevent the increase in ancillary costs.
I hope that my explanations have been helpful to you and that you have gained clarity on this matter. If you have any further questions or need assistance, please feel free to contact me.
Best regards,
Günther Schulz
Lawyer specializing in tenancy law
